24 Competition Litigation in Northern Ireland

Abstract

This chapter examines the general practice and procedure governing competition litigation in Northern Ireland, with particular emphasis on competition law issues. It begins with an overview of the legal system in Northern Ireland, the litigation of private law competition claims in the High Court and in the Competition Appeal Tribunal (CAT), and the rights of parties to commence collective proceedings in group litigation. It then considers the principles governing limitation and time periods for proceedings, the issue of jurisdiction in proceedings, and how an application for the grant of interim relief is made. It also analyses discovery and access to documents, the use of factual evidence and expert evidence, conduct of hearings, how final orders are issued, and how damages are assessed and awarded. Finally, it explores funding and costs in competition litigation, the governing rules on appeals and references, criminal proceedings, arbitration proceedings, and alternative dispute resolution.